Argos Investments Pty Ltd v Bayside Council [2023] NSWLEC 1582

Land and Environment Court New South Wales

Medium Neutral Citation: Argos Investments Pty Ltd v Bayside Council [2023] NSWLEC 1582 Hearing dates: Conciliation Conference on 25 September 2023 Date of orders: 6 October 2023 Decision date: 06 October 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA 2021/522, for the consolidation of all active development consents into a single development consent to permit ongoing operation of The Lakes Hotel, including operational changes to the use of the Hotel and car park, and adopting an updated Plan of Management on land known as 305 and 307 Gardeners Road, Rosebery (Lot A in DP 1871541 and Lot 10 in DP 1142723), 1 and 3 Macquarie Street, Rosebery (Lots 6 and 5 in DP 18556), and 3 and 3A Maloney Street, Rosebery (Lot 11 in DP 1142723 and Lot 8 in DP 18556), is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – consolidation of existing consents for a hotel – conciliation conference – agreement between the parties – orders Legislation Cited: Bayside Local Environmental Plan 2013, cl 5.10, Sch 1, cl 27, Sch 5, Pt 1 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Industry and Employment) 2021, s 3.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Botany Bay Development Control Plan 2013 Category: Principal judgment Parties: Argos Investments Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: J Reid (Applicant) A Seton (Solicitor)(Respondent)